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      Current Meanings of the Legal Culture Concept and the Question of Truth Regarding its Elements

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      Academicus International Scientific Journal
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          Abstract

          The article introduces and approach of the philosophical concept of legal culture from the perspective of a global vision on the structure and evolution of society as a whole, of the legal life as part of it. In this context, the underlined idea is that the sphere of legal culture contains, in addition to the knowledge of law - the information from the field of legal sciences, elements of common knowledge, beliefs, attitudes, mentalities, legal norms, traditions, the active customs in the operation and enforcement of laws, the functioning mechanisms of state institutions in connection with the behaviour of social action agents: natural persons and legal persons. The anatomy of the legal culture is analyzed, highlighting the idea that its core is the legal knowledge, the scientific information in the field of law, which contains truthful and verified assertions. The article questions the truth of the components of legal culture, starting from the premise that judicial systems that violate the truth are incapable of producing justice. The act of justice is guided entirely by the truth, by truthful information. The achievement of justice and equity in society, the efficient functioning of the judiciary depends, not as much on the level of development of legal knowledge, the law sciences, but on the unity and functional coherence of the legal culture subsystem in its entirety.

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          European Values at the Turn of the Millennium

          WA Arts (2004)
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            Legal Principles, Legal Values and Legal Norms: are they the same or different?

            Legal principles, legal values, and legal norms are essentially part of the same notion. Often in legal literature, legal principles are considered to be legal norms, general legal norms, legal values etc. In fact, legal principles are just legal norms that different from the latter are legal norms of general application that ignore specific legal facts. They can be considered as basic norms that represent the general consensus on basic society understandings. As such they are also kinds of default rules of behavior. From this perspective, the legal principles are rules of human behavior that used to be considered as just, before the law started being written. Thus, legal values would be considered a more general legal norms vis-à-vis legal principles and legal norms. Nonetheless, the coexistence of these three notions shows the complexity of their correlation and gives us an initial idea on what we will go through in out attempt to perform of comparative analysis between them.
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              Civil rights between legal provisions and political reality in Albania

              One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.
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                Author and article information

                Journal
                Academicus International Scientific Journal
                Academicus Journal
                20793715
                23091088
                March 2019
                March 2019
                : 19
                : 49-64
                Affiliations
                [1 ]“Vasile Goldiş” Western University of Arad, Romania
                Article
                10.7336/academicus.2019.19.04
                33ca12a2-02f8-4cbf-a19e-a66f264115eb
                © 2019

                https://creativecommons.org/licenses/by-nc-nd/4.0/

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